FBI Employee Misconduct Quarterly Review

From:
Sent:
To:

Subject:

HQ_OFFICE_OF_PROFESSIONAL_RESPONSIBILITY
Monday, October 01, 2012 6:12 AM
FBI ALL_EMPLOYEES

OPR'S QUARTERLY ALL EMPLOYEE E-MAIL - October 2012 Edition

Classification: UNCLASSIFIED

NOT FOR PUBLIC DISSEMINATION

OPR's Quarterly All Employee E-Mail - October 2012 Edition

Set forth below are examples of cases adjudicated by the Office of Professional Responsibility (OPR) during the last
quarter. OPR sends these Quarterly E-Mails to educate employees about the Bureau's standards of conduct and to aid
employees in steering clear of ethical pitfalls and other violations. We do not include cases in which OPR finds that the
employee did nothing wrong (more than one-third of the cases we adjudicate).

Candice M. Will
Assistant Director

Office of Professional Responsibility

1001 Pennsylvania Avenue, Suite 444 North

202-220-7800

Examples of Recent Adjudications :

1. Domestic Violence: During argument with spouse, Employee broke spouse's e-reader in half
and pointed unloaded gun at dog's head while dog was sitting in spouse's lap. In mitigation,
Employee had been struggling with spouse's mental health issues and following this incident, entered
marriage counseling. In aggravation, Employee introduced a firearm into a domestic dispute, an
extraordinarily serious escalation.

PENALTY : 45-Day Suspension

OFFENSE : Assault/Battery, Offense Code 4.1

2. DUI: Employee was stopped by police for driving privately-owned vehicle while under the
influence of alcohol. It was Employee's second DUI while employed by the FBI. A second DUI while
employed at the FBI results in dismissal.

PENALTY : Dismissal

OFFENSE : DUI in Privately-Owned Vehicle, Offense Code 4.4

3. Improper Financial Relationship with a Source: Employee purchased a used car from a
Confidential Human Source (CHS). Employee had previously served as the CHS's handler. In
mitigation, Employee did hot seek a discount, paid fair market value for the car, and is a valued
employee with an excellent record.

PENALTY : 3-Day Suspension

OFFENSE : Improper Financial Relationship with a Source, Offense Code 1.2

4. Improper Handling of Evidence: Employee failed to properly secure and accurately account for
evidence seized during a search warrant. Employee was in charge of inventorying the evidence.
Employee failed to recount the currency to verify its correct amount prior to placing it in evidence
vault, resulting in a subsequent discrepancy. Employee also failed to properly secure drug evidence
in the safe, instead co-mingling it with non-valuable evidence. In mitigation, Employee was
responsible for multiple duties on the day of the search and was overburdened. In addition,
Employee is a nine-year employee with no previous disciplinary matters.

PENALTY : 3-Day Suspension

OFFENSE : Investigative Deficiency, Offense Code 1 .6

5- Improper Handling of Evidence; Lack of Candor Not Under Oath: Employee failed to follow
Bureau procedures for the destruction of drug evidence. Employee did not weigh each item prior to
destruction, despite specific instructions to do so from the Evidence Control Technician and
Employee's supervisor. Also, Employee improperly stated all drug evidence had been properly
weighed. In mitigation, Employee was attempting to adhere to a tight timeframe; Employee verified
there was no tampering with any packages prior to their destruction; Employee's conduct did not
negatively impact pending investigations; and Employee self-reported his misstatements. In
aggravation, Employee's actions in failing to follow the proper procedure served as a poor example to
more junior employees and Employee was under administrative inquiry at the time for unrelated
conduct.

PENALTY : 8-Day Suspension

OFFENSE ; Investigative Deficiency, Offense Code 1 .6

Lack of Candor Not Under Oath, Offense Code 2.5

6. Improper Relationship with Criminal Element; Lack of Candor Under Oath: Employee
engaged in a romantic relationship with former boyfriend (now husband) knowing he was a drug
user/dealer. Employee also lied under oath when questioned during the administrative inquiry about
her husband's activities. Prior to polygraph exam, Employee admitted husband's drug use, including
being aware when she married him that he was a "habitual drug user" who sold drugs to make
money.

2

PENALTY : Dismissal

OFFENSE : Lack of Candor Under Oath, Offense Code 2.6

Improper Relationship with Criminal Element, Offense Code 5.9

7. Misdemeanor; Unprofessional Conduct; Lack of Candor Under Oath: Employee hid a
recording device in supervisor's office. In addition, without authorization, Employee made copies of
supervisor's negative comments about Employee that Employee located by conducting an
unauthorized search of the supervisor's office and briefcase. Employee provided the notes to lawyer
in support of lawsuit against supervisor. Finally, Employee lied to investigators during the course of
the administrative inquiry.

PENALTY : Dismissal

OFFENSE : Lack of Candor Under Oath, Offense Code 2.6
Misdemeanor, Offense Code 4.8
Unprofessional Conduct, Offense Code 5.22

8. Misuse of Position: Employee misused official position by invoking FBI employment in personal
matter. Employee's friend's father was prosecuted for and found guilty of health care fraud. In a
letter to the sentencing judge seeking leniency, Employee identified himself as an FBI employee. In
mitigation, Employee is an outstanding employee with no previous disciplinary matters and his
conduct had no adverse impact on the case.

PENALTY : Letter of Censure

OFFENSE : Misuse of Position, Offense Code 2.8

9. Theft: Employee shoplifted from a grocery store on several occasions. Employee was caught on
surveillance video.

PENALTY : Summary Dismissal
OFFENSE : Theft, Offense Code 4.5

10. Theft; Lack of Candor Under Oath: Employee used a stranger's lost or stolen debit card to
purchase gasoline and attempted, on repeated occasions, to withdraw money from the person's bank
account at two ATM machines. Employee was caught on surveillance video. Employee lied to the
local police in the criminal proceedings and to investigators during the course of the administrative
inquiry.

PENALTY : Summary Dismissal

OFFENSE : Lack of Candor Under Oath, Offense Code 2.6
Theft, Offense Code 4.5

11. Time and Attendance Fraud: Employee falsified time and attendance information in WebTA.
Employee claimed to have worked through lunch. However, Bureau policy prohibits employees from
leaving early at the end of the day for having worked through lunch break. Employee also failed to
adhere to approved work schedule on repeated occasions, in mitigation, Employee attempted to
make up for WebTA deficiencies by working more than eight hours on some days. Additionally,
Employee had no prior disciplinary history. In aggravation, Employee's misconduct occurred on a
repeated number of days.

PENALTY : 3-Day Suspension

OFFENSE : False Information re Fiscal Matters, Offense Code 2.2

12. Unauthorized Disclosure: Employee told ex-boyfriend that she saw a file with his sister's name
on it at the FBI. The sister used to work for the FBI and Employee saw her HR file. In mitigation, the
disclosure occurred one time and was limited. In aggravation, just months before the offense,

3

Employee had been specifically counseled by supervisor that HR files are extremely sensitive and
any breach of confidentiality would be inappropriate.
PENALTY : 1 -Day Suspension

OFFENSE : Unauthorized Disclosure, Offense Code 4.10

13. Unprofessional Conduct; Insubordination: Employee e-mailed nude photograph of herself to
ex-boyfriend's wife. Ex-boyfriend and wife reported the incident to the local police. Employee failed
to cease contact with ex-boyfriend and wife after twice being ordered to do so by supervisor and
Chief Security Officer. In mitigation, Employee sought assistance from EAP and was suffering from
depression related to break-up.

PENALTY ; 10-Day Suspension

OFFENSE : Unprofessional Conduct, Offense Code 5.21
Insubordination, Offense Code 5.11

Classification: UNCLASSIFIED

4

□

LU

LL

CO
CO

m

CO
O

a
co

LU ,

1<

ill

ro
o

&
CO

=J
c

CD

LU
LU

>-

o

LU

is

CO v-

OS co*

o

SriSJ

Off SfL

x5lTO

o c j?

coos

LL (0 H CO

PL,

H
CO
CO

u

c

o

•H

L)

II

II

II

II

II

II

II

II

II

n

ti

ii

ii

II

II

II

Jl

II

II

II

a ii
u u

H I)

II
II
II

II
II
II
II
II
II
II
II
II
II
II
II

m ii

u II

*H II

M-l II

•H II

ca ii

CO II

H

H II

a ii

o

LU

CO
CO

T3
LU

LU

<D
CD
>

o
E

LU

a

CD
CL

a:
o

<
_>

CD

ro
ZD

a

(7)
t£
CL
O

.*2 CD

Ji|I

(DC"*"
_C CO CO
— "O

o: -5 £

it!

CO >

g *2 .S
5 ro w

s » ro •

8.1b r ST

EO CD (U CD

a> p> "o o
c a> ~ 12

8 3 o S

S

S o = S

m o-S

o E J2
a> ® .2 ..
£ > £

8-2 g J
fill

(O LU Q- ..

■silt

w n o —
CD C. o>
o. cu ro c

r (/) (D O

II f *
§ ? I I

<u <D o
5 2 w c

J8 o •» *°

** ^ a> o>
jc . a>

o ^ _g o
<i> 3 £ E

ro
o

D
X3

P CO

a

*3

to 3
c: CO
o .

Q. CD

</>

CD C

or cd

To <
co

CD

c

CO

O

^ CO

CO

CO

o

CD

a

o ^

CD

Q.

o
o

o

CM
CNJ

CNJ

o

Cxi

CO

a
3
<

c

CD
O

CD

to
_CD

a|
E

s

LU

co

•a H

5 as o ^ E =i

ro o ti £ LU CD

c c o <-> ^

v (D N (D O ^

1 — w w u/

1 - "o c o c &

= <u a) v o 52

r w C ro m

lic'i || I s

a a .2 d9&{|

O HI 9) m o S

9! cu c ° 2 —

LU £ -E ^ Z J £ ^

= u ro S r Q

□ .2 SE i3 S 1 1 I

NT

a>
•a
o
O

to
c

O

6
a
1c

*

u

C

O
>

s

"co
>

co n"
to LJ -
co c

li

UJ
CO

UJ
LL
LL

o

with the Bureau's mission. In fact, criminal activity occurred at or adjacent to the club (gang-related
homicide), following the discovery of which Employee terminated the lease.

PENALTY : 3-Day Suspension

OFFENSE : Failure to Report, Offense Code 5.7

4. Fraud; Lack of Candor Under Oath: Employee repeatedly committed check fraud and lacked
candor under oath when questioned by investigators during the administrative inquiry. The
investigation was initiated based on the filing of a suspicious activity report by a financial institution.
In mitigation, Employee worked for the Bureau for 15 years, had no disciplinary history, and was a
solid performer. In aggravation, Employee's actions were criminal and caused embarrassment to the
Bureau. Moreover, Employee was a supervisor of whom more is expected, and Employee's
particular position demanded unquestioned fiscal responsibility and stewardship.

PENALTY : Dismissal

OFFENSE : Lack of Candor Under Oath, Offense Code 2.5
Fraud, Offense Code 4.5

5. Improper Evidence Handling: Employee stored valuable evidence, including jewelry and more
than $100,000 in cash, in a locked filing cabinet for an extended period of time. This was in violation
of Bureau policy that requires all valuable evidence be stored in the evidence vault. In mitigation,
evidence was fully accounted for, no investigation or pending case was harmed, Employee had no
prior disciplinary history, Employee acknowledged responsibility, and Employee apologized to
supervisor.

PENALTY : 3-day suspension

OFFENSE : Improper Handling of Evidence, Offense Code 1.6

6. Improper Evidence Handling: Employee destroyed or hid electronic surveillance (ELSUR)
evidence instead of properly processing it. An enormous backlog of unprocessed evidentiary material
accumulated over several years. When questioned about it, Employee repeatedly lied to supervisors
and hid/destroyed the unprocessed tapes. Employee's failure to properly process the ELSUR
evidence negatively impacted investigations and created additional work for coworkers.

PENALTY : Dismissal

OFFENSE : Improper Handling of Evidence, Offense Code 1.6
Lack of Candor Not Under Oath, Offense Code 2.5

7. Lack of Candor Not Under Oath: Employee lied to a supervisor when questioned about
Employee's failure to timely process a travel voucher on behalf of another employee. In mitigation,
Employee had lengthy FBI career with no prior administrative inquiries. In aggravation, Employee
had numerous issues over the last year related to underperformance, lack of responsiveness, and
taking leave without permission. The Division advised it no longer considers Employee dependable.

PENALTY : 10-day suspension

OFFENSE : Lack of Candor Not Under Oath, Offense Code 2.5

8. Lost Weapon; Lost Property: Employee left Bureau-issued shotgun, a Bureau laptop and a
Bureau camera in Bureau vehicle overnight. The car was broken into and the items were stolen.
Bureau policy allows weapons to be stored overnight in vehicles only when there is "operational
necessity" and Employee has obtained written approval from ASAC, neither of which was present in
this case. In mitigation, the laptop and camera did not contain FBI data or information. In
aggravation, Employee had prior disciplinary matter involving lost government property.

PENALTY : 5-day Suspension

OFFENSE : Loss of Government Property, Offense Code 3.3
Loss of Weapon, Offense Code 3.4

2

9. Misuse of FBI Databases: Employee made unauthorized use of FBI database to search for
information about friends and coworkers.

PENALTY : 5-day Suspension

OFFENSE : Misuse of FBI Database, Offense Code 3.5

10. Misuse of Government Computer: Employee used government-issued Blackberry to send
sexually explicit messages to another employee. In mitigation, Employee accepted responsibility and
expressed remorse. In aggravation, Employee's conduct was repeated, intentional, and occurred
during work hours.

PENALTY : 5-day suspension

OFFENSE : Misuse of Government Computers, Offense Code 3.6

11. Misuse of Government Vehicle: Employee drove Bureau motorcycle for a purely personal
purpose while off-duty. Minimum suspension, established by federal statute, for misusing a
government vehicle is 30 days. In aggravation, while misusing the Bureau motorcycle, Employee
was involved in an accident that caused substantial damage to the motorcycle.

PENALTY : 35-day Suspension

OFFENSE : Misuse of Government Vehicle, Offense Code 3.10

12. Non-Compliance with Tax Obligations: Employee failed to file federal and state tax returns
and pay taxes from 2008 to 2010. In mitigation, Employee had strong record of performance, no prior
disciplinary matters in 30-year Bureau career, and offense occurred during a period of severe
financial issues due to a family member's illness. In addition, Employee retained a tax professional to
assist with filing delinquent returns and arranging payment plan to fully pay outstanding tax
obligations. In aggravation, failure to meet tax obligations is an especially serious 5.5 violation for an
FBI employee.

PENALTY : 10-day Suspension

OFFENSE : Failure to Honor Just Debts, Offense Code 5.5

13. Public Intoxication; Weapon Safety Violation: Employee was cited for public intoxication for
walking in the street while drunk. Employee was carrying Bureau-issued weapon. For obvious safety
reasons, Bureau policy prohibits employees from carrying firearms while impaired. The fact that
Employee's temporary lodging had no adequate place to store weapon did not excuse Employee's
conduct. In mitigation, Employee had no prior disciplinary matters during 16-year career.

PENALTY : 7-day Suspension

OFFENSE : Misdemeanor, Offense Code 4.8

Weapon Safety Violation, Offense Code 5.13

14. Unprofessional Conduct: Employee used personal cell phone to send nude photographs of
self to several other employees. In aggravation, Employee's conduct created office gossip and
negatively impacted office operations. The Division advised that Employee's misconduct adversely
affected the daily activities of several squads.

PENALTY : 10-day Suspension

OFFENSE : Unprofessional Conduct, Offense Code 5.21

15. Unprofessional Conduct: Employee visited a massage parlor and paid for a sexual favor from
the masseuse. In mitigation, Employee had exemplary work record, no prior administrative actions,
and expressed remorse. In aggravation, Employee's actions were not only unprofessional, but illegal.

PENALTY : 14-day Suspension

OFFENSE : Unprofessional Conduct, Offense Code 5.21

3

16. Unprofessional Conduct; Failure to Report; Obstruction of OPR Process: Employee was
involved in a domestic dispute at mistress' apartment, requiring police intervention. Employee was
drunk and uncooperative with police. Employee refused to relinquish his weapon, making it
necessary for the officers to physically subdue him, take the loaded weapon, and place Employee in
handcuffs. Thereafter, Employee took action to improperly influence the OPR process by contacting
the officers involved to apologize in the hope that they would minimize his conduct when interviewed.
In aggravation, Employee had a prior incident for similar misbehavior prior to joining FBI and, in a
separate incident, had a temporary restraining order issued against him. Finally, Employee failed to
timely inform supervisors that he had moved out of his former family home and had a new roommate.
PENALTY : Dismissal

OFFENSE : Obstruction of OPR Process, Offense Code 2.11
Failure to Report, Offense Code 5.7
Unprofessional Conduct, Offense Code 5.21

4